Man sues Porsche over blown engine
07-28-2008, 02:36 PM
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Man sues Porsche over blown engine
This article was in the Bergen Record's business section today.
A Northern NJ Paper
-He's got no shot...
Fairview man sues Porsche over blown engine
Monday, July 28, 2008
Last updated: Monday July 28, 2008, EDT 6:36 AMBY HUGH R. MORLEYSTAFF WRITERA Porsche 911 owner from Fairview has filed suit against the sports-car manufacturer's U.S. subsidiary, claiming a design defect destroyed the engine of his vehicle.
Gilbert Noble, in a July 22 suit filed against Georgia-based Porsche Cars North America Inc., said the water-cooled 1999 Carrera Coupe started emitting "large quantities of smoke" from the tailpipe in October 2006, just over a year after he bought the used roadster.
The suit says Noble's mechanic inspected the car and found antifreeze in the engine oil.
An inspection by a Pompton Plains Porsche specialist, Protosport, revealed that the antifreeze tainted the oil through a defective cylinder, the suit says.
"Protosport informed Noble that they had previous experience with this same engine problem and that it was caused by a latent manufacturer's design defect," according to the suit, filed in U.S. District Court in Newark.
Protosport said the engine was damaged beyond repair, and Noble would have to buy a used engine or a rebuilt engine from Porsche, the suit says. Noble's attorney, Roseland-based Bruce Nagel, said the cost of the repair would be about $8,000.
The Kelley Blue Book values the vehicle at about $26,000.
Porsche spokesman Gary Fong said the company has not yet seen the suit and couldn't comment.
"We don't even know what you are talking about at this point," he said.
Noble did not respond to a request for comment.
The suit, in which Nagel seeks class- action status, says Noble contacted Porsche multiple times about the problem, and that the company declined to pay.
"They turned a blind eye," the attorney said. "They simply say, 'We are not liable.' "
The suit says a regional Porsche service manager told Noble that the company wouldn't pay to replace the engine because the four-year, 50,000-mile warranty issued when the car was new had expired.
The suit accuses Porsche of product liability and breach of warranty and of failing to warn customers about the "dangerous" defect.
Noble seeks damages and legal fees and wants the court to force Porsche to recall the vehicles and replace all defective engines.
Porsche Cars North America is a division of Porsche Automobil Holding SE, based in Stuttgart, Germany.
E-mail: morley@northjersey.com
http://www.northjersey.com/business/...purs_suit.html
A Northern NJ Paper
-He's got no shot...
Fairview man sues Porsche over blown engine
Monday, July 28, 2008
Last updated: Monday July 28, 2008, EDT 6:36 AMBY HUGH R. MORLEYSTAFF WRITERA Porsche 911 owner from Fairview has filed suit against the sports-car manufacturer's U.S. subsidiary, claiming a design defect destroyed the engine of his vehicle.
Gilbert Noble, in a July 22 suit filed against Georgia-based Porsche Cars North America Inc., said the water-cooled 1999 Carrera Coupe started emitting "large quantities of smoke" from the tailpipe in October 2006, just over a year after he bought the used roadster.
The suit says Noble's mechanic inspected the car and found antifreeze in the engine oil.
An inspection by a Pompton Plains Porsche specialist, Protosport, revealed that the antifreeze tainted the oil through a defective cylinder, the suit says.
"Protosport informed Noble that they had previous experience with this same engine problem and that it was caused by a latent manufacturer's design defect," according to the suit, filed in U.S. District Court in Newark.
Protosport said the engine was damaged beyond repair, and Noble would have to buy a used engine or a rebuilt engine from Porsche, the suit says. Noble's attorney, Roseland-based Bruce Nagel, said the cost of the repair would be about $8,000.
The Kelley Blue Book values the vehicle at about $26,000.
Porsche spokesman Gary Fong said the company has not yet seen the suit and couldn't comment.
"We don't even know what you are talking about at this point," he said.
Noble did not respond to a request for comment.
The suit, in which Nagel seeks class- action status, says Noble contacted Porsche multiple times about the problem, and that the company declined to pay.
"They turned a blind eye," the attorney said. "They simply say, 'We are not liable.' "
The suit says a regional Porsche service manager told Noble that the company wouldn't pay to replace the engine because the four-year, 50,000-mile warranty issued when the car was new had expired.
The suit accuses Porsche of product liability and breach of warranty and of failing to warn customers about the "dangerous" defect.
Noble seeks damages and legal fees and wants the court to force Porsche to recall the vehicles and replace all defective engines.
Porsche Cars North America is a division of Porsche Automobil Holding SE, based in Stuttgart, Germany.
E-mail: morley@northjersey.com
http://www.northjersey.com/business/...purs_suit.html
07-28-2008, 02:55 PM
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Well, I base my comment that he has "no shot" on my personal opinion, take that for what it is worth. Nothing. Any other questions I can answer for you?
07-28-2008, 03:04 PM
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He should start soliciting people from sites such as this one from those who have experienced blown engines. Although many have signed a nondisclosure agreement, this can be muted by simply taking a deposition on what happened and what the solution was.
Could turn into quite an embarrassment for Porsche with substantial costs. My bet is that he gets a new engine, complements of Porsche.
Could turn into quite an embarrassment for Porsche with substantial costs. My bet is that he gets a new engine, complements of Porsche.
07-28-2008, 03:28 PM
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Class action suit means a settlement will give the attorney's lot's of $$'s and owners of affected cars a certificate good for $1,000 off the purchase of a new Porsche.
07-28-2008, 03:59 PM
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As a guy who had to come out of pocket for a new engine, I say it is about time. I would gladly join his class-action suit and forgo the "Settlement" Porsche gave me and talk. I wanted to do it myself, but not being a lawyer and having a newborn procluded me at the time.
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07-28-2008, 04:38 PM
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I am a products liability lawyer and I think he has a good shot. I have always wondered what the "warranty for a particular purpose" would mean in this circumstance. Engines don't just break on their own accord unless their is a manufacturing defect. However, I think his toughest proof will be overcoming the assertion that he did it to his car by over-revving, etc and that the engine problem is not a manufacturing defect. Of course this suit opens up Porsche to extensive discovery of all of the engine repairs that they have been unwilling to make public. Porsche would never let it go that far. I too think he will get his new engine.
07-28-2008, 04:39 PM
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Thanks for posting the story.
I mean I guess the case could just get thrown out, ... or a jury might find a big corporation flush with huge profits that ignored a pattern of product failures?
07-28-2008, 05:02 PM
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It will never get to court, Unless this guy has some real blood lust for Porsche I bet they settle and shut him up. (Just MY opinion, I have no legal precedent nor training to base my assertion on)
07-28-2008, 05:15 PM
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The downside of class actions is that even if the case is won, Porsche owners will probably get a keychain or free floor mats on their next purchase . . .
Just by chance I was in a class action against a real estate company which supposedly pressured customers (I did not notice) into using their title company. The suit was settled after millions in legal fees. My coupon was good for about $350 but only if I purchased another house from this realtor within 2 years.
Just by chance I was in a class action against a real estate company which supposedly pressured customers (I did not notice) into using their title company. The suit was settled after millions in legal fees. My coupon was good for about $350 but only if I purchased another house from this realtor within 2 years.
07-28-2008, 05:23 PM
#12
My guess is that it will not even go as far as class certification. While not a class action lawyer, I believe this process requires substantiation that all these engines failed for identical or similar reasons. Not sure you can do this now, as all the engines are back at Porsche.
However, once the class is certified, settlement of the case is not as easy as simply making the initial plaintiff happy - you must get court approval. This is why agree with earlier statements that this guy is likely to get his motor.
Stefan
However, once the class is certified, settlement of the case is not as easy as simply making the initial plaintiff happy - you must get court approval. This is why agree with earlier statements that this guy is likely to get his motor.
Stefan
07-28-2008, 05:46 PM
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I'd be Porsche's CFO, I would start putting up a substantial reserve in my books :-)
07-28-2008, 05:47 PM
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The downside of class actions is that even if the case is won, Porsche owners will probably get a keychain or free floor mats on their next purchase . . .
Just by chance I was in a class action against a real estate company which supposedly pressured customers (I did not notice) into using their title company. The suit was settled after millions in legal fees. My coupon was good for about $350 but only if I purchased another house from this realtor within 2 years.
Just by chance I was in a class action against a real estate company which supposedly pressured customers (I did not notice) into using their title company. The suit was settled after millions in legal fees. My coupon was good for about $350 but only if I purchased another house from this realtor within 2 years.
